7-3 704 PL STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ; TVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2002-00100 EAMONN WALSH, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against EAMONN WALSH, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, 2 Certified Pool/Spa Contractor in the State of Florida, having been issued license number CP C057006. 3. Respondent’s last known address of record is 15250 South Tamiami Trail, Suite C2, Fort Myers, Florida 33908. 4. At all times material hereto, Respondent was the primary qualifying agent for Challenger Pools of South Florida, Inc. (hereinafter “Challenger”). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about March 24, 2001, Challenger entered into a contract with Giselda and Enrique Ramos (hereinafter “Ramos”) in the amount of $40,000.00 to construct a swimming pool with a screen enclosure and pool heater at 3433 SE Woodmere Street, Hobe Sound, Florida. 7. On or about June 11, 2001, the parties entered into an addendum to the Ramos contract in the amount of $3,535.00, whereby Respondent was to build an additional 16 feet of perimeter deck and an 8 foot swim out, an additional 215 square feet of screen, and upgrade the pool light. With the addendum, the total contract price increased to a total of $43 535.00. 8. Respondent’s license number did not appear on the contract with Ramos or its addendum. 9. On or about May 24, 2001, Respondent obtained permit number BSPW 2001050582 from Martin County for the Ramos project. 10. | Onor about September 26, 2001, the Ramos project passed an inspection of the pool deck. 11. As of September 26, 2001, Respondent d/b/a Challenger ceased all work on the Ramos project and performed no construction work thereafter. 12. | Onor before September 27, 2001, Ramos paid to Challenger a total of $39,817.50 for the swimming pool work. 13. Respondent failed to obtain a final inspection for the Ramos project. 14. Ramos paid another contractor to complete the project at a total cost of $17,356.89. COUNTI 15. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein 16. Section 489.119(6)(b), Florida Statutes, requires that the registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, bid, contract, or advertisement, regardless of medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. 17. Based on the foregoing, Respondent violated Chapter 489,129(1)(@), Florida Statutes, failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board, specifically by violating Section 489.119(6)(b), Florida Statutes. COUNT I 18. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 19. Based on the foregoing, Respondent violated Chapter 489.129(1)G), Florida Statutes, by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed to be abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. COUNT It 20. Petitioner realleges and incorporates the allegations set forth in paragraphs | . through 14 as though fully set forth herein. 21. Based on the foregoing, Respondent violated Chapter 489.129(1)(0), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein. 23. Based on the foregoing, Respondent violated Chapter 489.129(1)(1n), Florida tatutes, by committing incompetency or misconduct in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the license, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education , assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2). Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/ or the rules promulgated thereunder. Signed this ‘ty __dayor__O Apa /, 2002. FILED oe of Business and Professional Regulation Denar DEPUTY CLERK ok F. Creehan truction Attomey COUNSEL FOR DEPARTMENT: Patrick L. Butler, Assistant General Counsel Department of Business and Professional Regulation OX 1940 North Monroe Street Northwood Centre =, Tallahassee, FL 32399-2202 PLB/plb Case # 2002-00100 pep : Q-244-2002

Docket for Case No: 03-003364PL